Walead Mosaad – Maliki FiqhTadrib AlSalikClass 28 Expiation for mistakes made during Hajj2
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So Alhamdulillah, we continue in our series
of
lessons and lectures
on the school of
Imam Darul Hijra,
the eminent Imam of
the 2 abodes of the immigration, Mecca and
Medina.
Imam Malik ibn Anis
in the school of
Al Malikiya.
And we're reading from the book, tadweeb
as salik ilaqrat aqrat al masalik fima tafidimalimalik,
which is an abridgment of an abridgment
of an abridgment.
So we're getting the essence
of the Maneki school,
and inshallah we'll be covering all of the
abweb, all of the chapters. And we have
covered most of the chapters dealing with
rebadat,
dealing with acts of worship, and we are
still in the midst of the
final act of worship that we're looking at
here, which is Hajj.
And we had explained
previously
that that sometimes when mistakes are made in
Hajj, there are certain expirations that need to
be done.
And we had went over previously the expirations
for
mistakes concerning the rights of the Hajj or,
the nusuk themselves.
Now we will look at
something called the fidya, which is looking at
for,
expiations
due to violations of the state of ihram.
And we had mentioned that ihram, both for
men and for women,
is a state that is entered in by
intention.
And then there are certain muhtarizat or there
are certain things that one should stay away
from while they're in the state of ihral.
But if one does find themselves
violating one of these
particulars of the Ihram, then there are certain
things
that can be done to expiate it. InshaAllah.
So, Qalamu alaikumalah
faslan fimujibatil
Fidiati wa Akkamiha.
So this is looking at something called the
Fidya.
So when it's something about the Haram, we
call it Fidya.
When it's something about the rights of the
Hajj, we call it Hedi. And both of
them have similar expiations in some cases, which
is to sacrifice an animal and we'll see
more about that.
So the Fidya or the expiation, he says,
tajibun Fidya 2 lifari shayid min muqaraamatil
Ihral.
So it becomes obligatory
to do the expiation
for,
doing something that is considered
Haram
in the state of Ihram.
So Ihram means just to means to enter
into
the haram or the state of,
inviability.
So it's it's a it's a spiritual state.
Right? But then it does, of course, have
things associated with it that we should observe.
So if one fails to
observe these Muharramet, these things that one should
not observe, should observe, then there are going
to be an expiation. So he's gonna give
us an example of some of these things.
And we had talked about this I think
in the previous lesson, but briefly.
So if a woman wears gloves or wear
something to cover her face,
Other than for a reason that she fears
the Fitna.
So if she fears that there should maybe
do some undue harm or harassment.
If she doesn't cover her face then she's
allowed to do so. But preferably without,
securing it or securing in a way so
that it's dead. It comes down over her
face,
without it being
tied around
her face. So something like around her forehead
and coming down
from there. Or to take like a scarf
and to wrap it around her face would
be preferable. Although,
if she does it
because she fears of harassment then, either way
it's okay.
And as we said for the males,
they are to stay away from anything that
wraps around the body that is fitted to
them. So that includes even rings,
and obviously like,
trousers,
a shirt. If they were to take the
same shirt and same trousers and not wear
them as they're conventionally worn, but to wrap
around them, then this would be okay.
But once you have worn them in that
way, then this is from the Muharramat, things
that are haram during ihram. So he would
have to do a hidayah.
Means as unless he immediately realized it.
Unless he immediately like he made wudu and
he had a ring and then he put
it on and then oh wait a minute
I can't wear this. Then he takes it
off immediately.
Otherwise, if he gets on the bus
and goes a while and someone goes, oh
you're wearing your ring. You're not supposed to
wear that to an ihram.
Or are you wearing, you know, a shirt
or something like that. And then,
in this case,
they would have to do a Fidya or
expiation.
So this section is talking about
what if I do it more than once
or I do more than one item of
clothes? What if I put on a shirt
and I put on the trousers and how
does that all work?
So it says,
if you put them all at the same
time.
So three scenarios. So either you put them
all at the same time.
So for whatever reason there was some
misunderstanding or they forgot and they took off
their basakir, which would be the 2 towel
like things that you would usually wear. And
they put on regular clothes. Maybe they thought
they didn't have to do it anymore, whatever
the case may be. So they did it
all at the same time. Took a shower
and did it all at the same time.
Or you put on the one that is
more beneficial in terms of comfort and covering
the body. And here he says a thawb.
Right? A thawb which would be the upper
garment.
Like a shirt, like jacket.
Al As Sarawhil. And then he put the
trousers on at some later time.
Or
that they had an intention just
to take them on and off, repeat them.
Then,
it's enough that you do 1 Fidya for
all of that. So one sacrificial animal. You
don't have to do multiple ones. Wa'illah here
in the language. Wa'illah means, but if
But if they were to
repeat
it without the intention, in other words, repeat
it at different times completely.
Like,
if you already did the fidah,
you slaughter the animal,
and then you're done. But then
before you put on the 2nd garment and
then you wanna put on the 2nd garment.
Well the one you already did, the sacrificial
animal that you already did, is not gonna
work for something that's happening in the future.
So you'd have to do another animal. That's
what he's saying.
So in this case, if you catch them
all at once, and then you sacrifice the
animal, that's okay before you do one. But
if you sacrifice the animal, then you repeat
the violation later
after sacrificing the animal,
then you would have to, do another animal.
Now there are certain things in terms of
bodily
hygiene you're not supposed to do while you're
in the state of Ihram. Because the state
of Ihram is to come to God, to
come to Allah Subha Nahu Ta'ala
in a state of
complete impoverishment,
spiritual impoverishment. And so tending to these hygienic
needs
while you're in the state of Ihram would
be contrary to that. So if you do
do that,
and here he gives a couple of examples.
So if you cut your hair or you
shave your hair,
Or you cut more than 10 hairs, you
said, Or
remove
the same number
of lice in your hair, right, by scratching.
Or if you cut more than one nail.
So the one nail or the less than
10 or 9 hairs or the few lice,
this is referring to,
not enough to do a sacrificial animal.
Because then you might remember, oh wait. Am
I supposed to do that? But if you
shave your head,
then there's no explanation for that except sacrificing
an animal.
Or if you cut your hair more than
10 hairs, as you said,
I'll climb that to kill more than 10
lice,
then in this case, you have to, do
the expiration. Because you're not supposed to kill
any, even insects or ants or anything like
that, when you're in the state of ihram.
Wabi messaltib
al mu'anath.
And
by touching, coming into contact with
feminine perfume. You might ask, well, what does
that mean? What's feminine perfume?
It doesn't mean the type of perfume that
only women wear, and that will not the
type men wear. No. Feminine perfume means that
which has,
a fragrant smell.
A fragrant smell that's associated with it. So
there might be other types of tib, other
types of things that,
are used as an adornment, but they don't
have
necessarily a fragrant smell to them. They would
be considered masculine
perfume. So they differentiate between masculine and feminine.
Feminine has the fragrant smell. So that would
include musk. It would include
Aldur Oud. It would include,
soap that has been perfumed.
Shampoo.
And these are the things that people usually
miss.
Skin cream that is perfumed. Because they don't
think about it. They think like perfume, or
they think cologne, or they think,
some type of musk.
But all of those things, if you are
to touch it, you place it on them,
then in this case you have break and,
you have violated their haral.
And also we just mentioned this at idihan
bi mutayi bin mutlakan
And using any type of perfumed skin cream,
idihan likes perfumed oil, putting it on the
skin or cream. Mutlakan.
Right?
So it doesn't have to give a fragrance,
but if it has some type of perfume
to it, it's not just,
you know, when when you're in the state
of Ihram, if you're gonna take a shower,
you just do it with water.
Don't use soap,
that has a fragrance to it. So in
this case, the dehan, which is to use
any type of oil,
whether it's a masculine oil. In other words,
it has
no
discernible sort of, sweet fragrance I should say.
It has a fragrance obviously, but not a
sweet fragrance.
Then in this case,
that also would violate the Haram.
Kabidlaihi,
laihi dawura.
Right? Also using
something else,
that's similar to this, another type of cream
or oil. The rayed arura, however, if it's
not necessary.
So I would say necessary would be medically
necessary. So for example, if someone has eczema
or have a skin condition and
they have to use this medicinally.
It's not something just to keep their skin
smooth. But, it's something they need to use
medicinally on doctor's orders. Then in this case,
that would be a dulula, that would be
a necessity, and it doesn't violate their hara.
So those are kind of examples. It's not
exhaustive because this is a abridgment Muqtasir.
And usually, we, you know, if the thing
comes up during Hajj or Umrah or during
Hajj, then we would, you know, have to
look deeper and see if it's a violation
or not.
But generally speaking, we're supposed to stay away
from cutting, any Pulling anything off the body
like hairs.
Removing any sort of
dust or filth or anything like that in
general. And if you're gonna take a shower,
do it with water. Don't do it with
anything perfume
or shampoo.
Don't use cologne. All of these things can
be done at the onset of the Ihram
by the way. So before you make your
intention, if you take the shower then
you put on your Basakir
or you put on your Hajj garments. Before
you pray the 2 rakas and before you
make the intention and before you make the
tanbia, you can You should put on,
something sweet smelling and musk and cologne and
take a shower with shampoo and soap and
all those things. Cause this is prior to
the Ihram. And you may be in the
state of Ihram for days.
You'll be for days. If you go from
Yom Tarwaya,
which is the 8th day. And then you
have the Yom Arafah, which is the 9th
day. And then the 10th day is
the day of Tawafil Ifadah.
Then that's 2 and a half, 3 days
that you're going to be in the ihram.
So it's good to do all of those
things prior to
going into the state of Ihram.
Now he moves on to the types of
Fidya, the type of expirations that can be
done.
Wal Fidya 2 salathatuh anwa.
So the 3 types.
1,
So the first type is sacrificing an animal.
The same type of animal that would be
allowed in your
Ubhiyyah, which comes in the next chapter. So
we'll know about the conditions about that. But
generally speaking, it would be an animal depending
on whether it's a sheep or a cow
or a camel Or something related to that
like a goat or like a,
a water buffalo. You know, they're in the
same category.
Then,
there are certain conditions about age, and about,
suitability, and about not being in a state
of sickness. So anything that would work for
urhia, which we'll cover in the next chapter,
works for the Fidya.
And
it doesn't have to be in a particular
place
or time, unlike the hadi. So the hadi
that we talked about in the previous chapter,
that's for violation of the rights of Hajj,
not for the ihram of Hajj, has to
be done in Mecca or in Mina.
One of those two places.
And during the time of the Hajj, the
Hajj days.
However, for a violation of Ihram, it could
be done anywhere and it could be done
even after the Hajj is over.
And now the difference is that you're not
supposed to eat from it. Unlike the hadi,
which you can eat from. This you don't
eat from because it's for the expiration of
a violation of the Haram.
That's the first
type. If you can't do that, al Ittamu
sitati
masakinah
rikulimaskinin
muddan
and then,
for,
the other option is to do iqam and
in the Medici school you have a qiyar.
You can choose this or that, not in
any particular order, or you can feed 6,
needy people.
Every
miskeen gets a wood,
which is about 3 cups,
2 and 3 quarters cups. So we're talking
about 5 to 6 cups of something of
a staple food like rice, like beans, anything
like that.
Or to fast
3 days. Those are the 3 types.
And if you do something very minor, like
we mentioned earlier, so like less than 10
hairs or less than 10 lice,
Fedun or less fahafnatul min ta'am. Well, hafna
is just like
a single meal for
a needy person.
So less than the mudan, less than the
2 mud.
Allah
Here he brings up, well how do you
completely ruin the Hajj and you can't even
expate for it and you have to do
it over again?
Following following things, manjama, abadah and aharam. Woman
has sexual * after the iharam.
Or they *
by something they did purposefully.
Qablayom an Nahri.
So after their haram, Qablayom an Nahri. Before
the day of nahr, which is the 10th
day, which is the day of ifadah
or aufihi
qablarrami
wal ifadah or during the day of the
nahr, of the sacrifice.
But before they do the Rami al Akhada,
before they they they stone the last large
pillar, the great big pillar, Awul Ifada or
before they do Tawaf al Ifada,
fasadah Hajju.
Then the Hajj is fasid, which means unacceptable,
Wallahu A'la. However, in this case they would
continue to do all the rest of the
Manesic,
which means they're Mabite and Mina, staying in
Mina, but they would have to
come back, when they can to do that
Hajj over.
So that completes
the Hajj
and the next chapter somewhat related Kitab al
Udhaya wala'tikha.
Kitab al Udhaya wala'tikha. So Udhaya
means sacrifice
and this is going to be for people
who are not in Hajj.
So people who are in Hajj,
their sacrifice is the hadi. Right? We call
it the sacrificial hadi, which is the sacrificial
animal of Hajj for people in Hajj. And,
from people not in Hajj,
if they have the means, they do something
called al Udhiya, which also means sacrificial animal.
Andatiqa
is also a type of sacrificing of an
animal, a sheep usually. And that's on the
occasion of,
of a birth.
Of having a newborn.
So he says, Rahimahullah,
Toussannnu
aludhayatuh
lihhurmin
So it is sunnah, so here it's a
strong sunnah, the Manic
school. Al Uddhia, to sacrifice
during the days of Eid.
Lihhurvin,
yeah, for someone here in pre modern Islam
or people who were in a state of
bondage,
they didn't have to do it or it
wasn't similar for them. But for someone who
who wasn't,
which is in our case today, doesn't exist
anymore. So for everyone who has the ability,
it is
a sunnah. They're a Hajj, but not for
the person
who is in Hajj. As we said, their
Sunnah is in Hadi. It's called something else.
Right? If it's not going to,
severely affect him financially. So you're of the
means where you can sacrifice an animal,
and it's not going to be burdensome upon
you financially.
For yubahyaan
nafsihi.
So, you do the ulkhaya
on your own behalf.
And all those who are of your relatives
who, and this is speaking to men, who
are required
to
maintain their upkeep. So that will be your
children, your wife, so forth, people living through
in your household.
So if he makes the intention
that they are also included
in his Ubhayah,
then they will have also the sunnah for
all of them.
There's gonna be something with Aydis coming up.
I'm not gonna mention it now, but when
it comes, there's a difference between what people
might be thinking.
Now here he's talking about the animals that
can be sacrificed, specifically their ages.
He said it's Yudziyu.
So he didn't say Yajuz for those who
are interested in Arabic. Yudziyu means
not as permissible, but it is sufficient or
it is,
will be sufficient to fulfill
the sunnah bodhaya.
In other words, compulsory
if
1, if it's a baton. Baton means sheep.
That is,
past 1 year of age.
However,
many of the many here on the map,
took this condition in different ways. Some of
them said, if it
is close to a year, then it is
better.
And it doesn't have to have reached a
year. Most of the time when you actually
go do it, you will find that most
of the lambs there have not reached a
year yet. They'll probably be in the 7,
8, 9 month range. And most of the
many Quran that,
including a Dardir
said that that's okay. That they can be
from 6 months onwards
is fine, specifically for the sheep.
In other words, for the goat,
that which has passed a year by 2
months or so. Same rules for the goat.
If it's kind of the right size,
around the year a little less is okay.
Or a cow that is entering in its
4th year so that it's already 3 years
old.
Or a camel that has passed 5 and
is entering into 6.
Now in terms of the time, when do
you do it?
So
Muslims pray the salatul8
on the day of, so Eid ul Adha.
And then if they go into prayer and
then the imam,
does the prayer first and does the khutbah
and then they finish with the khutbah,
then this is the time where it now
becomes
permissible to do the ud Haya. So after,
salatulayit.
So if it's the imam himself,
he can do it as soon as he's
finished with the prayer. If it's for the
congregants,
then they wait for the imam to do
his sacrifice.
If he doesn't do a sacrifice, so they
don't know he did a sacrifice. He doesn't
show them he did or did not, then
they wait a suitable amount of time for
however long it would have taken to him
to sacrifice
right after the prayer. So maybe like half
an hour, an hour or so. And most
people,
we usually wait that long anyway.
And its time extends until sunset
of the 3rd day.
So the 3rd day,
after Eid Al Adha. So you have
the day of Eid Al Adha, then the
second, the third, and the 4th day.
And the beginning
1, beginning of the day is better than
doing it later in the second day. So
if you're going to do it in the
morning of the first day, that's ideal.
And then the the afternoon of the sec
of the first day is second best.
And then the morning of the second day
is third best.
And then the morning of the 3rd day
is better than the afternoon of the second
day. And then the morning of the 4th
day or the morning of the third day
is better than the
afternoon of the 2nd day, wuhaqqarah.
So it's always better to do it in
the morning. Imam Malik was of the opinion
that the Ubhiya,
any sacrificing that is for a ritual purpose
should always be done during the day
before Maghrib,
before sunset.
And his interpretation of the ayafiyayaminmaalumet.
Ayam, yom means day, not night. So he,
that was his interpretation.
1 nahalu shal tu nahal, we just mentioned.
1 nahalu shal tu nahal. So it's a
condition of its validity that one does it
during the day before Maghrib
and ideally before Zawal, before Zuhr.
So the time of Dua.
Well,
and in terms of the type of animal,
gender
al avdahu al fahl which is the male.
Then the castrated male.
And,
ghanam which are sheep and goats are better
than cows.
And also cows are better than camels.
This is opposite what we saw Fil Hedi.
Al Maqsud Fil Hedi Kathroto Allahham.
In the hadi, which is more for distribution
to people,
then the objective is the more meat. So
the more meat is in the camel than
in the cow, and then more more meat
is in the cow than in the sheep
or the goat.
But for ul Hayya,
for those who are outside of Hajj and
making the sacrifice,
then we're looking at 3batillahum. We're looking at
the quality of meat and we should only
acknowledge that the quality of sheep meat is
better than cow and cow is better than
camel.
So this is something the Medici Madhub has
that's different from some of the other schools
you might have heard about,
which is
So you cannot,
partner up with someone else in,
paying for the sacrificial animal.
So it should
be done by an individual.
However,
if there are other people
who are, in your household as we said,
you can make the intention for their reward,
but not that they actually pay at the
same time as you. So your neighbor, if
you say, can we go have these on?
I pay half and you pay half of
the sheep or the cow. This is not
allowed in the medici school. Everyone has to
do for themselves
and in the household members if they make
the intention, inshaAllah,
they get the reward
too.
Wallahu ta'ala. Ala wu'alaam. Wa hamdu laihirubulalameen.